Smt Sajida Khader vs Labour Officer And on 20 July, 2012

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Karnataka High Court

Smt Sajida Khader vs Labour Officer And on 20 July, 2012

Bench: Subhash B Adi

                              1

       IN THE HIGH COURT OF KARNATAKA AT BANGALORE

            DATED THIS THE 20th DAY OF JULY 2012

                           BEFORE

           THE HON'BLE MR.JUSTICE SUBHASH B ADI

           WRIT PETITION NO.24447 OF 2012 (L-MW)

BETWEEN:

SMT SAJIDA KHADER
W/O N.S.A KHADER
AGE: 53 YEARS
PROPRIETOR
M/S METRO SUPER MARKET
(BUY & SAVE)
S.S. TOWERS
BRAHMAGIRI JUNCTION
UDUPI.                                 ...PETITIONER

(BY SRI.VINAYAKA B. FOR SRI.ASHOK HARANAHALLI ASSTS., ADVS.)

AND:

1. LABOUR OFFICER AND
   COMPETENT AUTHORITY
   UNDER SEC. 20 OF MINIMUM
   WAGES ACT, 1948
   UDUPI DISTRICT
   UDUPI.

2. LABOUR INSPECTOR
   UDUPI CIRCLE
   UDUPI.                             ... RESPONDENTS

(BY SRI.RAGHAVENDRA G.GAYATHRI, HCGP)
                              ---

     This writ petition is filed under Articles 226 and 227 of
the Constitution of India praying to issue a writ in the nature
of certiorari quashing the impugned notice dated 28.10.11
and order dated 28.10.11 passed by R1 in case
No.M.W.A./CR-09/2009 vice Ann-A and A1 and etc.
                               2


     This Petition coming on for Preliminary Hearing this day,
the Court made the following:-

                         ORDER

Learned Government Pleader is directed to take notice for the respondents.

2. Heard the learned counsel appearing for the parties.

3. The petitioner has called in question the orders dated 28.10.2011 passed by the Labour Officer and the Authority under the Minimum Wages Act, 1948.

4. One Rajeevi, wife of Lokesh Amin had filed a claim petition before the Labour Inspector inter-alia alleging that the petitioner has not made payment in terms of minimum wages. The Labour Inspector, on inspection, found that the claimant was not paid the minimum wages. Accordingly, he initiated the proceedings before the Labour Officer. The petitioner filed statement of objections before the Labour Officer stating that there is no violation of provisions of Minimum Wages Act.

5. The workman was examined before the Labour Officer. In her evidence, the workman has stated that she has been paid the minimum wages and she is not deposing under the pressure of the employer or otherwise.

6. Despite the claimant deposing herself that she has received the minimum wages, the Labour Officer and the Authority under the Minimum Wages Act has held that the claimant might have made the statement under pressure to absolve the employer from payment of minimum wages. When an affected person, by herself makes statement on oath that she has received the entire minimum wages, then, it does not require close scrutiny by the Authority that too, when the claimant has deposed that she has not made statement under the pressure of the employer. If that is so, the said statement has to be accepted.

Accordingly, petition is allowed. Orders dated 28.10.2011 in Case No.M.W.A./C.R.-09/2009 passed by the Labour Officer and the Authority under the Minimum Wages Act, 1948 produced at Annexures-A and A1 stand quashed. 4

7. Learned Government Pleader is permitted to file memo of appearance within two weeks.

Sd/-

JUDGE RV

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Karnataka High Court